Case: 14-12486 Date Filed: 09/30/2014 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-12486
Non-Argument Calendar
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D.C. Docket No. No. 2:14-cv-00079-RWS,
Bkcy No. 13-bkc-23101-REB
In Re: AMANDA LAURA VANDER IEST,
Debtor.
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BANK OF AMERICA, NA,
Plaintiff-Appellant,
versus
AMANDA LAURA VANDER IEST,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Georgia
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(September 30, 2014)
Case: 14-12486 Date Filed: 09/30/2014 Page: 2 of 2
Before WILSON, WILLIAM PRYOR and ROSENBAUM, Circuit Judges.
PER CURIAM:
Bank of America, NA, appeals a judgment in favor of Amanda Laura
Vander Iest in her bankruptcy proceeding. The district court affirmed summarily
the ruling of the bankruptcy court that a second priority lien held by Bank of
America, which is subordinate to a first priority lien that exceeds the fair market
value of Vander Iest’s real property, is a wholly unsecured claim that Vander Iest
can “strip off” in her voluntary petition for bankruptcy under Chapter 7. See 11
U.S.C. § 506(d); Folendore v. United States Small Bus. Admin., 862 F.2d 1537,
1538–39 (11th Cir. 1989). We affirm.
Bank of America challenges the judgment on a ground that it admits is
foreclosed by precedent. Bank of America argues that our holding in Folendore
that a debtor can “strip off” a wholly unsecured second priority lien was “squarely
repudiated” by the Supreme Court in Dewsnup v. Timm, 502 U.S. 410, 112 S. Ct.
773 (1992), but we held in In re McNeal, 735 F.3d 1263 (11th Cir. 2012), that
Dewsnup did not overrule or abrogate our holding in Folendore. Id. at 1265–66.
“Under our prior precedent rule, a panel cannot overrule a prior one’s holding even
though convinced it is wrong.” United States v. Steele, 147 F.3d 1316, 1317–18
(11th Cir. 1998) (en banc).
AFFIRMED.
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